NATIONALLY RECOGNIZED FEDERAL LAWYERS
Can you go to jail for suppressor without tax stamp
|Thanks for visiting Spodek Law Group. We’re a second-generation law firm managed by Todd Spodek – with over 40 years of combined experience handling federal firearms cases. We’ve represented clients in cases that made national headlines, from Anna Delvey’s trial that became a Netflix series to the Ghislaine Maxwell juror misconduct case. If you’re facing federal weapons charges, you need lawyers who understand how ATF and federal prosecutors build these cases.
Can you go to jail for having a suppressor without a tax stamp? Yes – you’re looking at up to 10 years in federal prison and a $250,000 fine. This isn’t a state misdemeanor or something you pay a fine to make disappear. Possessing an unregistered suppressor is a federal felony under 26 USC 5861(d), and ATF doesn’t issue warnings on this. Federal prosecutors charge these cases, federal judges sentence them, and you serve time in federal prison if convicted.
People think the tax stamp is just bureaucratic paperwork – pay $200, wait for approval, done. That’s not what the stamp represents. The stamp proves you registered the suppressor with ATF’s National Firearms Act registry. Without that registration, you’re committing a federal crime the moment you possess the device. Doesn’t matter if you bought it legally in a state where suppressors are legal, doesn’t matter if you didn’t know about the NFA requirement, doesn’t matter if you were planning to register it next week. Possession of an unregistered NFA item is the crime.
What the Federal Law Actually Says
26 USC 5861(d) makes it illegal to possess a firearm that’s not registered to you in the National Firearms Registry. Suppressors – also called silencers under federal law – are NFA items that must be registered. The registration process requires submitting ATF Form 4 (if you’re buying from a dealer) or Form 1 (if you’re making one yourself), paying the tax, submitting fingerprints and photographs, and waiting for ATF approval. Only after approval can you legally possess the suppressor.
The $200 tax is dropping to $0 starting January 1, 2026, thanks to legislation signed in 2025. But the registration requirement isn’t going anywhere. You still need ATF approval, forms, fingerprints – the only thing changing is the fee. The NFA registry continues, and federal prosecution for unregistered suppressors continues.
Your state might allow suppressor ownership – 42 states do – but federal law controls registration. You need both state permission and federal registration. Having one without the other leaves you open to federal prosecution.
What Federal Prison Time Looks Like
Federal sentencing guidelines call for a minimum of 27 months in prison without parole for NFA violations. That’s over two years in federal prison as a starting point. The maximum statutory penalty is 10 years and a $250,000 fine under 26 USC 5871, though courts updated the fine to $250,000 for individuals and $500,000 for organizations.
Real cases from 2024-2025 show these penalties aren’t theoretical. In United States v. Peterson, a Louisiana man got 24 months in federal prison for possessing a single unregistered homemade suppressor that ATF found during a search of his firearms business. The Fifth Circuit upheld his sentence in February 2025. He didn’t use the suppressor in a crime, didn’t threaten anyone with it, didn’t sell it – just possessed it unregistered. Twenty-four months in federal prison.
In Texas, three men who sold a machine gun and suppressor received combined sentences exceeding 23 years – 2 years, 14½ years, and over 7 years respectively. When suppressors show up alongside drugs, violence, or illegal weapons sales, sentences stack up fast. If the suppressor is connected to drug trafficking, the maximum sentence jumps to 30 years without parole. Your suppressor charge that might have been 27 months becomes part of a much larger sentence when other charges are involved.
How ATF Enforcement Actually Works
ATF doesn’t conduct random home searches looking for unregistered suppressors. They find them during investigations into other crimes – executing search warrants on drug cases, investigating illegal firearms dealers, responding to tips about prohibited weapons. You get pulled over for a traffic violation with a suppressor in your vehicle, the officer asks about it, you can’t produce registration paperwork – that’s when ATF gets involved.
Selling or transferring an unregistered suppressor brings even more charges. Each suppressor is a separate count, each count carries up to 10 years. One Kansas defendant got convicted of five counts of transferring an unregistered silencer, one count of making one, and one count of possessing an unregistered short-barreled rifle – eight federal felonies from NFA violations alone.
Building your own suppressor doesn’t avoid federal registration. Homemade suppressors require ATF approval before you manufacture them – submit Form 1, pay the tax (or $0 after January 2026), wait for approval, then build it. Building first and registering later isn’t how the law works. Online purchases create digital trails ATF follows. Ordering suppressor parts, “solvent traps,” or complete suppressors without going through the NFA process – federal agents track these transactions.
Defenses That Don’t Work
“I didn’t know I needed to register it” – not a defense. Federal courts rejected this repeatedly. The law doesn’t require proof you knew about registration requirements. Possession of an unregistered NFA item is the crime, period.
“I was going to register it” or “It’s legal in my state” – both irrelevant. You needed federal approval before possession, not after. State law doesn’t exempt you from federal NFA requirements. The Fifth Circuit ruled in February 2025 that suppressors aren’t even “arms” protected by the Second Amendment. The Supreme Court declined to hear the appeal. Your constitutional arguments have been rejected at the highest levels.
What You Need to Do
If you possess an unregistered suppressor – you need a federal criminal defense lawyer immediately. Every day you possess it is a continuing federal crime. At Spodek Law Group, we’ve represented clients facing federal firearms charges for years. We understand how ATF builds these cases, how federal prosecutors approach plea negotiations, what arguments work with federal judges. Todd Spodek has handled hundreds of federal cases – he’s a second-generation criminal defense lawyer who’s tried cases that others said were unwinnable.
Federal prosecutors push for guilty pleas. They have the evidence – the unregistered suppressor, ATF’s records showing no registration, your possession. Prosecutors offer plea deals at the low end of guidelines (that 27-month minimum) in exchange for a guilty plea, then threaten trial and higher sentences if you refuse. You need lawyers who know when to negotiate, when to push back on sentencing recommendations, when trial is your best option.
We’ve represented clients in cases that made national news – defending Anna Delvey in the trial that became a Netflix series, representing the juror in the Ghislaine Maxwell misconduct case. We’re available 24/7 because federal arrests don’t happen on a schedule. When ATF executes a search warrant at 6 AM and finds an unregistered suppressor, you need a lawyer immediately.
Yes, you absolutely can go to federal prison for possessing a suppressor without a tax stamp – up to 10 years and $250,000 in fines, with federal sentencing guidelines starting at 27 months. Real cases from 2024-2025 resulted in sentences of 2 years, 7 years, 14 years. This isn’t a scare tactic, it’s federal law that ATF and prosecutors enforce regularly. If you’re facing these charges, call us now.